And the White Collar Crime Southeast Region Subcommittee
Present
Qui Tam Litigation: A Practitioner’s Symposium
Friday, September 25, 2015
Charlotte, North Carolina
This seminar presents a panel of nationally recognized experts to discuss strategic
considerations, recent developments and experienced viewpoints on qui tam and
FIRREA litigation.
Program 8:00 - 8:30: Registration
8:30 -8:45: Introduction to Qui Tam Litigation and Seminar Topics
The introduction will provide an overview of the qui tam process – from the investigation and filing of a complaint to the final resolution of the claims. This brief outline is intended to provide those in the audience with an outline of a qui tam case before panels discuss specific topics in detail.
Speaker(s): James F. Wyatt, III, Wyatt & Blake LLP, Charlotte, NC
8:45 - 9:30: The Investigation of Potential Claims and the Filing of a Qui Tam Complaint
This panel will discuss a number of topics relating to the investigation and filing of a qui tam complaint. Topics include determining who can be an appropriate relator; how to investigate a potential defendant and a relator’s background; what information to gather to construct a well-pleaded qui tam complaint; typical federal and state claims to include in a qui tam complaint; Rule 9(b) considerations relating to the amount of detail to provide in a qui tam complaint; factors relating to where to file a complaint; the mechanics of filing a complaint under seal; the types of interactions relator’s counsel should have with the government prior to filing a complaint; and the requirement for the presentation of a complaint and disclosure statement to the government prior to filing.
Moderator: James F. Wyatt, III, Wyatt & Blake, LLP, Charlotte, NC
Speakers: Pamela Coyle Brecht, Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Philadelphia, PA
Jonathan Ferry, Assistant United States Attorney, Western District of North Carolina, Charlotte, NC
9:30 - 10:30: Post-Filing to Intervention: Strategic Considerations and Tasks
This panel will discuss strategic considerations and tasks to be performed after a qui tam complaint is filed and prior to the government making an intervention decision. Topics include who conducts the post-filing investigation; document production and preservation issues; sharing of documents and information between the government, target(s) and relators’ counsel; interviews of relators; relator assistance to the government; how to handle a whistleblower who is a current employee; strategies for obtaining a declination and/or decision to not intervene; conducting an internal investigation; the use of white papers and legal/factual presentations to the government; partial or full intervention and its consequences; extending the seal; how to interact with multiple relators; and financial statement disclosures
Moderator: Anne M. Tompkins, Cadwalader, Wickersham & Taft LLP, Charlotte, NC Speakers: Frederick Morgan, Morgan Verkamp LLC, Cincinnati, OH
Eric H. Cottrell, Parker Poe Adams & Bernstein LLP, Charlotte, NC
Wendy Weiss, Managing Director, Navigant Consulting (former Chief, Civil Fraud Section, US Attorney's Office, Central District of California)
10:30-10:45: Break
10:45 – 11:30: Litigation of Qui Tam Cases
This panel will discuss various topics relating to the actual litigation of qui tam cases. Topics include motions to dismiss under Rule 9(b), public disclosure and first-to-file grounds; the difference between non-intervened or partially intervened proceedings; serving discovery on the government; statistical sampling and proof of damages; the government’s role in cases where it has not intervened; the use of expert witnesses; and trial tactics/considerations.
Moderator: Claire J. Rauscher, Womble Carlyle Sandridge & Rice, Charlotte, NC Speakers: Paul Traina, Engstrom Lipscomb & Lack, Los Angeles, CA
Eric W. Sitarchuck, Morgan, Lewis & Bockius LLP, Philadelphia, PA
Art Coulter, U.S. Department of Justice, Civil Division, Washington, DC
11:30 – 12:30: Global Settlements and Relator Share/Attorney Fee Issues
This panel will discuss global settlements and relator share/attorneys’ fee issues. Topics include terms of settlement agreements and standard DOJ provisions in settlement agreements; the scope of a release; damage calculations; corporate integrity agreements; private causes of action and retaliatory discharge claims; who has to approve the settlement and how they do it; the court’s role in settlement approval; a relator’s role in the settlement process and whether a settlement is “fair, adequate and
reasonable”; cost reports; relator shares; allocation of relator shares; first-to-file issues relating to relator shares and attorneys’ fees; calculation of attorneys’ fees; and inability to pay determinations. Moderator: Marc S. Raspanti, Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Philadelphia, PA Speakers: Marc S. Raspanti
Mitch Lazris, Hogan Lovells US LLP, Washington, DC
Arthur Di Dio, United States Department of Justice, Civil Division, Washington, DC
12:30 – 1:15: Lunch with Guest Speaker Michael A. Morse, Pietragallo Gordon Bosick & Raspanti, Philadelphia, PA
This speaker will discuss recent trends and developments in the law. His presentation will include a review of recent 4th Circuit case law; recent Supreme Court cases; new theories of liability and new defenses; decisions relating to Rule 9(b); recent cases in North Carolina; and first-to-file developments.
1:15 – 2:00: Financial Services Industry Fraud: FIRREA and Dodd-Frank
This panel will address financial services industry fraud. Topics include an explanation of FIRREA, including false claims that affect federally insured financial institutions; burdens of proof; the differences between FIRREA and qui tam cases; awards to whistleblowers; caps on such awards; and recent FIRREA cases.
Moderator: Leticia Vandehaar, Assistant United States Attorney, Newark, NJ
Speakers: Daniel Ryan, Assistant United States Attorney, Western District of North Carolina, Charlotte, NC
Jordan A. Thomas, Labaton Sucharow LLP, New York, NY
Beth Moskow-Schnoll, Ballard Spahr LLP, Wilmington, DE
2:00 - 2:45: STARK/AKS
This panel will discuss Stark/Anti-kickback issues. The topics include what financial arrangements violate Stark; voluntary disclosures and Stark; permissible and impermissible non-monetary compensation arrangements; and other related topics.
Moderator: Spencer Pryor, Alston & Bird LLP, Atlanta, GA Speakers: Alex Kriegsman, Kriegsman PC, Sag Harbor, NY
Gabriel Imperato, Broad and Cassel, Ft. Lauderdale, FL
G. Norman Acker III, United States Attorney’s Office, Eastern District of North Carolina, Raleigh, NC
3:00 - 3:45: Parallel Proceedings: Criminal Investigations, Medicaid Proceedings, and Retaliatory Discharge
This panel will discuss criminal investigations related to qui tam proceedings, Medicaid proceedings, and retaliatory discharge claims. Topics include the global resolution of both civil and criminal claims; the representation of individuals who are subjects or targets of a criminal investigation; discovery issues and the assertion of the 5th Amendment privilege; indemnity issues; and how Medicaid claims are resolved. Moderator: Richard Glaser, Jr., Parker Poe Adams & Bernstein LLP, Charlotte, NC
Speakers: Mark T. Calloway, Alston & Bird LLP, Charlotte, NC
F. Edward Kirby, Jr. Medicaid Investigations Division, North Carolina Department of Justice, Raleigh, NC
Kelli H. Ferry, United States Attorney’s Office, Western District of North Carolina, Charlotte, NC
3:45 - 4:30: SEC Whistleblowing Program
The speaker will describe the practical application of the SEC whistleblowing program. Speaker: Mark Harrison, Senior Counsel, Complex Financial Instruments, Division of
Enforcement, Securities & Exchange Commission, Atlanta Regional Office
Place: Alston & Bird, LLP
101 South Tryon Street, 37th Flr. Charlotte, NC 28280 Registration information ____ $175 Non Member ____$150 Section Member ____$ 75 Government ATTENDEE’S INFORMATION:
Attendee’s Full Name: ________________________________________ Organization/Business: ________________________________________ Address: ________________________________________ City/State/Country/Zip Code: ________________________________________ Telephone: ____________________ Attendee’s Email: ___________________
____ I will require ADA assistance: __ Audio __ Mobile __ Visual __ Other
Payment Information: Please make checks/money orders payable to the “ABA” or fill in the credit card info below:
___ Master Card ___ Visa ___ American Express
CARD NO: ______________________ EXPIRATION DATE: ______/______ 3-DIGIT SECURITY CODE: ______
NAME ON THE CARD: _____________________________________________ CARDHOLDER’S SIGNATURE/DATE: ________________________________ Meeting Code: CR15092
Mail to: The American Bar Association
Attn: Service Center/Meeting & Events Registration Department
321 N. Clark Street, Floor 16 Chicago, IL 60654
Fax to: (312) 988-5850
Online Registration:
http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=203879795
Scholarships
For more information on scholarships, email Carol Rose at carol.rose@americanbar.org.
MCLE Information
CLE accreditation is being sought for this program on a limited basis. Specifically, the ABA will be seeking accreditation for this program in the Southeast regional states and CA, IL, NY, only. These states
sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 6.25 CLE credit hours in 60-minute states, and 7.5 CLE credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit www.americanbar.org/mcle.
